Are There Time or Amount Limits to Illinois Spousal Support?

 Posted on March 07, 2025 in Spousal Maintenance

Virtually no ex-spouse wants to pay spousal maintenance (also known as spousal support or alimony), yet there are many spouses who deserve this support. Perhaps one spouse worked two low-paying jobs to put the other spouse through medical school, law school, or another profession. Or perhaps one spouse stayed home to raise the children in lieu of career opportunities, so now has few employment options.

In other cases, one spouse may be older now or in poor health, unable to work and make a living independently. There are many good reasons for a court to award spousal support, yet Illinois courts have placed some limits on this support. If you are facing a divorce, the best step you can take is to speak to a knowledgeable Wheaton, IL family law attorney.

What Factors Does a Judge Consider When Awarding Spousal Maintenance?

The Court will consider a variety of factors when determining whether spousal support should be awarded and, if so, how much and for how long. These factors include the following:

• The needs of each spouse
• Whether there are any constraints on the receiving party as a result of delayed employment, training, or education due to the marriage  
• Each source of income, including retirement payments or disability income for each spouse
•  How long the marriage lasted
• The debts, assets, and income of each spouse
• The ability of each spouse to make a living now and in the future  
• The age, liabilities, estate, health, vocational skills, and occupation of each spouse  
•  How much time is necessary for the receiving spouse to obtain education, training, and/or employment
• The tax consequences for each spouse
• The standard of living during marriage
• Whether a prenuptial or postnuptial agreement exists
• Any other factors the Court finds to be relevant

If Spousal Support is Awarded, How Long Will It Last?

Spousal support payments could be ordered on a temporary basis while the divorce is pending. If the Court determines that spousal support is warranted, then the next question is for how long? There is no limit to the length of time spousal support can be ordered for those who have been married at least 20 years or longer. For those married less than 20 years, spousal support cannot be collected for more than 50 percent of the number of years married.

Spousal support in a marriage of less than five years will last for 20 percent of the number of years (In a three-year marriage, the receiving spouse would be entitled to receive spousal support for between six and seven months). The percentage increases by four percent each year, starting at year five, capping at 20 years – unless the couple was married longer than 20 years.

How is Spousal Support Calculated?

The "guideline method" is used for most couples. This method takes 33.3 percent of the paying spouse’s monthly net income and subtracts 25 percent of the receiving spouse’s monthly net income to determine the amount that will be paid per month. Spousal support payments cannot be more than 40 percent of the spouses’ combined net income. A judge may deviate from the guideline method when the parties make more than $500,000 per year or when one spouse already pays child support or spousal support from a prior marriage.

Contact a DuPage County, IL Spousal Support Lawyer

If you are concerned about whether you will receive or pay spousal support, speaking to a skilled Wheaton, IL spousal support attorney from Davi Law Group can help you get the information you need. Attorney Davi provides exceptional legal assistance for every type of family law situation. Call 630-657-5052 to schedule your free consultation.